To file for child custody in Indiana, you open a case in the county court where the child has lived for the last six months: married parents raise custody inside a divorce petition, and unmarried parents file a combined petition to establish paternity, custody, parenting time, and child support. From there the process runs through service on the other parent, possible temporary orders, and a best-interests hearing before a judge.
The path branches early depending on your relationship to the other parent, so start there.
Which Case You File Depends on Whether You’re Married
If you’re married to the other parent, you don’t file a separate custody case. Custody is decided inside the divorce, so you file a Petition for Dissolution of Marriage that includes your requests for custody, parenting time, and child support.
If you were never married, you file a Petition to Establish Paternity, Custody, Parenting Time, and Child Support. This matters especially for fathers: under Indiana law, the mother of a child born outside marriage has sole legal custody until a court orders otherwise, even if the father signed a paternity affidavit and appears on the birth certificate.1Justia. Indiana Code Title 31, Article 14, Chapter 13 – Custody Filing a paternity and custody case is the only way for an unmarried father to get enforceable rights.
Where to File
The correct county depends on which type of case you’re bringing.
For divorce, at least one spouse must have lived in Indiana (or been stationed at a military installation in Indiana) for at least six months before filing, and must have lived in the county of filing for at least three months.2Indiana General Assembly. Indiana Code 31-15-2-6 – Residence, Filing in County of
For a paternity and custody case, you generally file in the county where the child has lived during the six months before filing. This is the “home state” rule Indiana adopted through the Uniform Child Custody Jurisdiction and Enforcement Act, and it exists to stop parents from moving right before filing to get in front of a friendlier judge. If your child has been in Indiana for less than six months, jurisdiction gets tangled and you should talk to an attorney before filing.
Forms You’ll Need
Alongside the petition itself, you file a Summons (the formal notice to the other parent that a case has been opened) and an Appearance form (which tells the court you’re an active participant). State-approved versions of these forms, with guided interviews to help you complete them, are available through Indiana Legal Help.3Indiana Legal Help. Information and Forms
You’ll need full legal names, dates of birth, and current addresses for yourself, the other parent, and each child. Errors in the basics can force you to amend later, so slow down on that first pass.
Filing Fees and Fee Waivers
Indiana’s base civil filing fee is $157. Dissolution and paternity cases usually add a $20 alternative dispute resolution fee if the county has an approved ADR plan, which most do, bringing a typical dissolution filing to around $177. Paternity fees vary slightly by county.
If you can’t afford the fee, ask the court to waive it by submitting a Verified Motion for Fee Waiver. You’ll list your income, household size, bank balances, and monthly expenses, and a judge will decide whether to waive the full amount or require partial payment.
Attorneys are required to file electronically through Indiana’s statewide e-filing system. If you’re representing yourself, e-filing is encouraged but you can still file paper documents in person at the clerk’s office.4Indiana Judicial Branch. E-filing User Guide
Serving the Other Parent
Once you’ve filed, you have to formally notify the other parent through service of process. You can’t hand the papers over yourself. A neutral party has to deliver them.
The two most common methods are delivery by the county sheriff’s department, which costs $28, and certified mail with return receipt requested.5Indiana General Assembly. Indiana Code 33-37-5-15 – Service of Process Fee A private process server generally costs more but can be faster if the other parent is hard to find. If you cannot locate them after a reasonable effort, the court may allow service by publication, which means posting a notice in a local newspaper.
The Military Status Affidavit
Before the court can enter any order against a parent who hasn’t responded, federal law under the Servicemembers Civil Relief Act requires you to file an affidavit stating whether the other parent is on active military duty.6United States Courts. Servicemembers Civil Relief Act (SCRA) You can verify status for free through the Department of Defense’s SCRA website, which lets you search a person’s active duty status and download a certificate.7Servicemembers Civil Relief Act (SCRA) Website. SCRA Skip this step and the court cannot enter a default judgment if the other parent never answers.
After Filing: Response, Temporary Orders, and the Waiting Period
Once served, the other parent has a window to file a written response (an “Answer”). If they ignore the case entirely and you’ve filed the military status affidavit, the court can move forward and decide custody without their input by default judgment.
Custody cases can take months, and families need structure in the meantime. Either parent can file a motion for provisional orders asking the court to set temporary arrangements for custody, parenting time, child support, and even who stays in the family home. If a child faces immediate risk from domestic violence or substance abuse, the court can issue emergency orders on an expedited basis, sometimes within 24 to 48 hours. One useful thing to know: provisional orders and testimony from the provisional hearing cannot be used as evidence at the final hearing, so agreeing to a temporary schedule doesn’t lock you into it permanently.
For divorce cases, Indiana imposes a mandatory 60-day waiting period from the filing date before the court can enter a final decree. No one can waive it. Provisional orders exist partly to fill that gap.
How the Court Decides Custody
Indiana courts decide custody based on the “best interests of the child,” and the statute explicitly says there is no presumption favoring either parent.8Indiana General Assembly. Indiana Code 31-17-2-8 – Custody Order The judge weighs the child’s age; each parent’s wishes; the child’s own wishes, with more weight given once the child is at least 14; how the child interacts with each parent, siblings, and other important people; how well the child is adjusted to their current home, school, and community; the mental and physical health of everyone involved; any pattern of domestic or family violence, which weighs heavily against that parent; and whether someone other than a parent, like a grandparent, has served as the child’s primary caregiver as a de facto custodian. The court can consider anything else relevant.
In practice, the parent who has handled the day-to-day caregiving carries an advantage, because judges are reluctant to disrupt a child’s established routine without a good reason. Think early about how you’d prove each of these factors with actual evidence: school records, medical appointment histories, and testimony from people who’ve watched you parent.
Parenting Time Guidelines
Indiana has statewide Parenting Time Guidelines that courts presume apply in every case. If a parent or judge wants to set parenting time below the guideline minimum, they have to give a written explanation why.9Indiana Judicial Branch. Indiana Parenting Time Guidelines For children three and older, the standard schedule gives the noncustodial parent alternating weekends, one midweek evening of up to four hours, and scheduled holidays; once a child turns five, half of summer vacation is added. Separate provisions apply for children under three.
Mediation, Parenting Classes, and Guardians Ad Litem
Many Indiana courts send custody disputes to mediation before trial. A neutral third party helps parents negotiate on custody, parenting time, and related issues; anything agreed becomes part of a court order, and you keep the right to go before a judge if you can’t reach agreement.10Indiana Judicial Branch. Alternative Dispute Resolution Mediation is typically faster and cheaper than a trial.
Courts also commonly require both parents to complete a parenting education course covering how separation affects children and how to co-parent. Courses usually run four to sixteen hours and cost between $25 and $85. Your court’s order will name the course and give you a deadline; missing it can delay your case.
In sharply contested cases the court can appoint a guardian ad litem, an independent advocate whose only job is to represent the child’s best interests. The GAL interviews the parents, the child, teachers, and others, then submits a report with recommendations. Once appointed, the GAL becomes a party to the case with the same rights as the parents, including presenting evidence and calling witnesses.11Indiana Judicial Branch. Roles and Responsibilities – Indiana Court Rules Parents typically split the fee, and judges rely heavily on GAL reports.
One Tax Detail to Settle Before You Sign
Under federal tax rules, the custodial parent (the one the child lives with for the greater part of the year) is generally the parent entitled to claim the child as a dependent, which drives eligibility for the Child Tax Credit and other benefits. The custodial parent can release the claim to the other parent for a year or several years by signing IRS Form 8332, and can revoke it later.12Internal Revenue Service. About Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent A clause in your custody order alone won’t do it; the IRS honors the release only if Form 8332 is properly signed. Understand the financial impact before you agree to hand the claim over.